NIKHIL CHAUDHARY Vs. STATE

JUDGEMENT

(1.) By means of this petition, moved under Section 482 of The Code of Criminal Procedure, 1973 (for short Cr.P.C.), the petitioner/applicant has sought quashing of the charge sheet dated 27.7.2007 (Annexure No.7) as well as proceedings of Criminal Case No.1172 of 2007, State v. Nikhil Chaudhary and another, relating to offences punishable under Sections 498A, 323, 506 of IPC and 3/4 of Dowry Prohibition Act, pending in the court of Civil Judge (Junior Division)/Judicial Magistrate, Dehradun.

(2.) Heard learned counsel for the parties and perused the entire material available on file.

(3.) Brief facts of the case are that respondent no.2 Smt. Pinky got married to petitioner Nikhil Chaudhary on 23.11.2005 in Dehradun. In the marriage, the petitioner had made a demand of Rs. 3 Lacs cash and a car but her parents had given jewellery of Rs. 2 Lac, Rs. 1.00 Lac by way of cheque and had also spent Rs. 7 Lacs in other articles and in the marriage ceremony. But the petitioner and his family members did not stop their demand of car. It is further alleged that the petitioner was serving at Banglore and after the marriage, when he went to his service at Banglore he did not take respondent no.2 with him due to non-fulfillment of demand of dowry. Later on 7.7.2006, mother-in-law of respondent no.2 took her to Banglore and left her at Banglore with the petitioner, where the petitioner committed physical and mental harassment of respondent no.2 for the demand of dowry. It is further alleged by respondent no.2 that the petitioner ousted her from his house in Banglore for the demand of dowry. It further stated that at present the respondent no.2 is residing with her parents at Dehradun and the petitioner is giving threats on telephone that if his demand of Rs. 5.00 Lacs would not be fulfilled, she would be murdered. With the same averments, the respondent no.2 Smt. Pinky Chaudhary lodged the FIR with Reporting Out Post Premnagar, Dehradun on 3.6.2007. The matter was investigated and after completing the investigation, the Investigating Officer submitted the charge sheet against the petitioner and other co-accused on the basis of which a Criminal Case No.1172 of 2007 under Sections 498A, 323, 506 of IPC and 3/4 of Dowry Prohibition Act was registered and criminal proceedings were initiated against the applicant and other co-accused. Against the said charge sheet and the criminal proceedings initiated against the applicant, the applicant has preferred this application under section 482 Cr.P.C. before this Court.